NOW: Election Results in AZ, NV, GA Expected At Any Moment

This is Jay Sekulow.

Key results from the election, any minute. Live from Washington, D.C., Jay Sekulow Live. Phone lines are open for your questions right now. Call 1-800-684-3110.

That's 1-800-684-3110. And now Chief Counsel for the American Center for Law and Justice, Jay Sekulow. All right. Hey, everybody. Welcome to the broadcast. Day three of the election. It seems like it's been for some of us.

It's been one continuously long day. There are some close results. It's a very close election, especially if you go state by state, which is what of course you have to look at in these situations, which is exactly what we have looked at. I want to start with where we see the battleground states.

Logan's in with me, Andy Economo, Jordan is out today, and Will Haynes is in with us. Let's go to the one that's the surprise right now, I think is the fair way to say it, and that is Georgia. Logan, looking at Georgia, the differential right now is 18,000. Yeah, I mean, a small arena full of people is what's deciding this potentially election in Georgia, and it's a wild time. I don't think we expected of all the states right now, it's kind of moved as projected, but Georgia is that one that the gap has narrowed so incredibly tight. Do we have, this is what I want to do, I'm trying to get an analysis, and we want you to share this with your friends.

We want to get analysis of where in fact the votes are coming from. So in Georgia, and I'll let Will give me the data on this and then Andy can explain what that means. Fulton County still has some out, DeKalb has some out, and then Chatham, which is more Savannah.

Is that pretty much the lay down? That's correct, and they're all reporting at about 99% reporting numbers, so they know that they're very close to the end. Probably statewide, Fox was estimating around 90,000 ballots still to be counted, but when you split from the counties that are a little bit more rural outside of Atlanta and then Fulton and DeKalb, it's going to be a tight race there. So Andy, you know these counties, you know Chatham, you know Fulton, DeKalb, how does it look?

I mean, some of these counties have different demographics within them. That's true, that's true, and let me just start with DeKalb County. DeKalb County, if it's central DeKalb and south DeKalb, is heavily Democrat, but north DeKalb County, Dunwoody, the areas around there are conservative, Republican, the same thing in Fulton County. The central part of Fulton County, which is the heart of the city of Atlanta, heavily Democratic.

The extreme northern part of Atlanta, Alpharetta, Johns Creek, Roswell, and the extreme southern part of the county, Fairburn and Palmetto are rural areas. Chatham County is extremely heavily Democratic. As a matter of fact, the incumbent district attorney, who is a female Republican, was defeated in Chatham County. Yes, so that means that some of the rural counties have gone a little bit further to the Democratic side on some of this. Very interesting thing, mail-in ballot report has been temporarily halted in Philadelphia, according to some news outlets. We also just heard that Allegheny County in Pennsylvania said they're sorry they have an administrative day today, this is absurd folks, they have an administrative day today and they're not counting ballots. What we're seeing across the country is quite remarkable when you get to this many days post the election and you're having things like an administrative day and not taking the time to make sure they're all counted in a timely fashion. Yeah, let's talk, let's go right to Pennsylvania.

So this is a must-win state for the President. And right now the differential is about, it looks like Logan, what about $115,000 in Pennsylvania? Yeah, I think that's about right.

I'm looking right now, maybe a little less, but yeah, that's where it's certainly tightened to an extreme sense. And it's a wild time. I know a lot of people are calling us right now. Phone lines are completely jammed, but keep calling. A lot of people are calling.

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Take part in our Matching Challenge today. You can make a difference in the work we do, protecting the constitutional and religious freedoms that are most important to you and your family. Give a gift today online at ACLJ.org. Only when a society can agree that the most vulnerable and voiceless deserve to be protected is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

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Request your free copy of Mission Life today online at ACLJ.org slash gift. Hey, welcome back to the broadcast. We're trying to track something down right now. We're live, obviously, on the air with you. And Logan's here. Andy O'Connell is here.

And Will Haynes, our producer, is actually on the set with us today. They're reporting right now that mail-in ballot counting in Philadelphia has been temporarily halted. It's interesting.

I don't know what the reason is. We also got a report that Allegheny County, is this correct, Will? Allegheny County is saying that they have an administrative work day today and they are not going to be able to count ballots. So I do want to address Philadelphia really quickly because I found from the local NBC News affiliate that Philadelphia temporarily halted mail-in ballot counting today shortly before noon Thursday to address a court ruling, two Democratic officials told NBC News.

A state court judge ordered that observers for the Trump campaign must be allowed greater access at the Pennsylvania Convention Center while ballots are tallied. So they've halted. By the way, that's a win for everybody.

That's a win for both sides. You want the most transparency. When you see these pictures of people being blocked out and the walls being covered, you know, this is where you do have to say, when does it become shady? When does it become sketchy?

What are the problems? And thankfully, we have people who are stepping in. And again, I would say that on either side. It's a win for democracy when you know votes are actually being counted correctly. You've watched the news. You saw some of the process that they're counting.

And even Chris Cuomo, CNN, I watched him last night. He said, look, we know if there are recounts that the votes swing dramatically every time there's a recount. It's never like, oh, they got it 100 percent right. There's a lot of human error that can go wrong.

So when you're talking about margins of a few thousand votes in some of these states, it's completely acceptable and completely understandable to want to make sure there's at least a level of accuracy. So those of you that are watching on Facebook, I just noticed this looking at the feed. Are you, you're all numbers like going like up and down and I mean, like changing every, like quicker than I can play drums and a beat. I mean, something's going on. I don't know what that is, but stay with us.

Let me tell you something else that I don't understand. Nevada had no vote change in about 18 hours, Will. Nothing. And they're saying, oh, today we'll get some out.

That's right. We were supposed to get numbers right now. We should be seeing something out of Nevada. And then also and again, after we're off the air for about an hour, they're saying more numbers will come in. There are about 200,000 uncounted votes in Nevada right now or unreported votes.

So it's quite interesting. We haven't gotten much out of Nevada for days. It's becoming kind of a meme online how Nevada isn't counting their ballots as quickly as the rest of the country. Also, Arizona last night, which the campaign has been showing that there is math there for the President to maybe flip that even though it's been called by some networks, not by others.

Most have not. And last night, it was early in the evening, they kept saying we're going to get a lot of ballots. A lot of ballots are going to be reported tonight and kept getting pushed back and pushed back. And still to this morning, we only got about 140,000 new tallies last night.

I was up till two in the morning waiting for Tronch 2 of Arizona to come in. That means there's about 500,000 ballots remaining that have not been reported. And that the President would have to win 57% of, which so far on the ones that have come in yesterday is what he was polling. What's the population in Nevada?

Total. Not even the total voter population. A few million people?

It's in the desert. I mean, I love it there. It's a beautiful place, but it can't be that many people. Two or three million, four million people. It's not that insane number. And that would be if 100% of the people voted.

So get to it. Three million. One of the things that has me concerned just looking at the situation is that this process, we've been involved at your age or my age, we've seen a lot of elections. And in the 60s and the 50s, they were calling them the same night.

And as I said yesterday, my late father would say, you know, we landed a man on the moon. Can they not count a ballot? But literally, obviously not. And they're taking days off because it's an administrative day. I can't imagine they do. Well, an administrative day, what has more priority than counting the votes for a Presidential election? What possible administrative day could there be? What do you do on an administrative day in the middle of a Presidential election? You count votes. Well, they said they got to most of them last night, that there'll be administrative activities in Allegheny County today, that they'll look, they'll make sure everything's squared away so they can resume counting later.

Do we know what the breakdown of the Allegheny County vote is? I'll pull that up for you right now. Let's go ahead and take a phone call. All right, let's go to the phones. Let's go to Avner who's calling in Florida on Line 3. You're on the air, Avner.

Thank you. Should states that award their electoral votes based on the national popular votes be challenged in court for undermining the Electoral College? Well, a state has, there's a process in which electors are chosen and the constitutional process on that is how it's determined. In other words, they're not, you don't have a national electors, it's state by state electors. So that's why the Electoral College becomes so significant. People run to be an elector. You pick your electors and then if though, Depending on the area. In a lot of areas. And then if your state, sometimes they're appointed, if the state in your district wins, then that elector would go forward.

Or sometimes it's proportional, most of the times it's whoever carries the state, that slate of electors go. Avner, if you'd like a video. We actually have a great video on it. We have a great video on what is technically our children's channel, Bald Beagle, on YouTube or baldbeagle.com. What we've seen is a lot of adults have enjoyed our video on how the Electoral College works. I will say there's a lot of those interesting things that you brought up that, you know, we tried to simplify it for an elementary school level. We had to go, okay, there are certain nuances to this that maybe we can't get into, but it is seven minutes of your time.

And I know that sounds ridiculous. Twenty five plus thousand people have watched this already to try to make sense of the Electoral College and to see why it is important. And I think pretty much if you're following the election right now, you know why it's important. This is a this is this is definitely an election to remember. I think we'll always remember 2000.

And this one will probably be right up there with it in moments of of how long? Thirty plus days, right? For the thirty two for Bush and that was including the run to the Supreme Court. Now, by the way, for those of you that know, we filed yesterday at the Supreme Court a motion to intervene on a case out of Pennsylvania. Andy, very important case, because if Pennsylvania if the President holds his lead and let's say that lead is in this. Margin that it's in right now, one hundred thousand, twenty thousand, one hundred thousand, thirty five.

Yeah, I mean, I think that's going to tighten up significantly, but let's assume he keeps a lead. Then these late ballots, which are in our view, are unconstitutional because the legislature, if you read the Constitution. And I'm going to read that provision in a minute, shows you what's supposed to happen here.

But that is a serious challenge. Well, it ought to be. And it is indeed the Constitution, which you said you referred to, says that the legislature of the state shall determine the manner and not the courts of the state and not anyone delegated by the legislature, but the legislature. And so we shall see what that ultimately is determined by the Supreme Court to be.

They have up to this point have not weighed in on the issue, but the time I think now, Jay, is ripe for them to do so. And we are pushing that that happen. So it's Article One, Section Four, Clause One. This is the election clause. Time, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof. And this says Congress may make any or alter such regulations except as the place of choosing of senators. So Congress can take action. But the determination shall be made by the state legislature, the legislature thereof. In Pennsylvania, the legislature decided to allow mail-in ballots on a much broader scale because of the pandemic, but elected not to extend the date upon which the ballots had to arrive.

They had to arrive by eight o'clock on Election Day. That's what the legislature said, which is what Article One, Clause Four says of the Constitution. Article One, Clause One, Section Four. Now, a judge in the state of the Commonwealth of Pennsylvania changed that.

He said, no, no, I'm going to add three days. So if those three days of illegal ballots under the U.S. Constitution come in and are counted, it's outcome determinative. It could actually affect who is the President of the United States. So at that case, the Supreme Court, in our view, has to allow us not only to intervene, but then also to proceed. Now, that will depend upon how close this actually ends up being.

That will be the determining factor. So Allegheny County, which is not counting until Friday. It is in the western part of the state of Pennsylvania. It's Pittsburgh's county. So it is that more working class area of Pennsylvania.

It is a more red area of the state, but obviously it's a metropolitan area. So right now, with 94 percent of the vote tallied, according to the Associated Press, New York Times, all have it at about 94 percent. And the President is down about 128,000 votes to Vice President Biden. However, compared to areas like Philadelphia, the other more blue areas, he's running a closer election there than in the other part of the state. So when you see this, the numbers are going to maintain close and probably not give too many net votes to Vice President Biden. But again, they're going to put Pennsylvania out to another day. Now, there is a scenario, we'll talk about it when we get back, where Pennsylvania is not in play.

It doesn't have to be in play for the Vice President, former Vice President Biden. We're taking your calls. 800-684-3110. Also, support the work of the ACLJ. We're in a matching challenge campaign. We're fielding a lot of calls. We're doing a lot of broadcasting. Your support of the ACLJ allows us to do all of that. ACLJ.org.

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Put in your calls in a moment. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases. How we're fighting for the rights of pro-life activists. The ramifications of Roe v. Wade 40 years later. Play on parenthood's role in the abortion industry. And what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life. Request your free copy of Mission Life today online at ACLJ.org slash gift. At the American Center for Law and Justice, we're engaged in critical issues at home and abroad. Whether it's defending religious freedom, protecting those who are persecuted for their faith, uncovering corruption in the Washington bureaucracy, and fighting to protect life in the courts and in Congress, the ACLJ would not be able to do any of this without your support.

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Give a gift today online at ACLJ.org. Hey, welcome back to the broadcast, everyone. I'm going to get Van Bennett, our Director of Governmental Affairs, involved here and kind of get your assessment. Look, the roads, let's give the road that the President, the kind of the normal, what we've been saying is the normal road, Van.

How do you see it right now? It's obviously very tight and a bit of an uphill battle for the President. Yeah, a bit of an uphill battle, but look, there are multiple scenarios that I think are still in play for either candidate. I mean, I think the easiest road probably for the President is to hold the states that he's ahead in. We've been talking about them, Florida, Georgia and Pennsylvania. And then heading out west probably needs to pick up either Arizona or Nevada. And Jay, I know last night we had this conversation on yesterday's broadcast.

We had this conversation. Arizona has been called by some networks. I believed on election night.

I continue to believe today that Arizona is still in play. It's a sixty eight thousand vote margin with about 12 percent of the vote out. And Jay, a lot of those votes are what we call late earlies, which they're early votes technically, but they came in a day or two before the election.

And all across the country, we've seen those skewing more towards the President. So I'm just telling you, I don't know which way Arizona is going to go, but I do not think that that state should be off the map. I think the President's team is probably looking at Arizona and Nevada and probably believing that they need at least one of those to carry the day.

Well, there's no question that I think that the plan right now or the thought right now is Pennsylvania and Arizona are the are the keys, I think, to the President's case. Now, Georgia has got everybody. You know, if you're a conservative, if you're a Republican, you've got to be concerned about Georgia right now. Andy, you're you're a Georgian, but the number there is looking very it's very tight. I know, Jay, and you're right. And it is it is tied in the margin and the counties that are out and the counties that are out, as I mentioned earlier, are not the areas are not strongly Republican.

They're strongly conservative, rather Democrat blue areas. And I understand and I and I just keep going back to the 1884 election with Grover Cleveland, who won the presidency of the United States by winning New York by 1000 votes. So there's still hope.

Yeah, of course, there's still hope going back to the 1800s. When you were there, you saw it was that I knew Grover, he was he was bad to drink. Should we take some calls? Let's take a call to loosen that one up.

Yeah, he could grow a mustache. He had an illegitimate child. And and during the campaign, they said, all the facts you don't want to know about our President. Ma, Ma, where's Paul? And when he won, they said, gone to the White House. Ha ha ha. It was nasty even that.

It was nasty in 1884. All right, let's take a call before any guesses. Elizabeth in North Carolina on line six.

You got to laugh a little bit. All right. Go ahead. Hey, North Carolina.

Hi. I know that we are seeing a lot of allegations of this fraudulent election process. And therefore, my question is, why isn't this considered a national security issue? And therefore, why isn't the DOJ out there taking some sort of legal action and raising national awareness of a potential national security issue? Well, OK. So there's been all these calls about where's the DOJ? Well, you know what? If the DOJ is investigating something, guess who's not going to know?

Me and you. If they're looking at a voter fraud situation or if they're looking at legal issues that could be coming down the pike, there's they if there is a legal issue that has a national interest or constitutional interest, the government files briefs all the time. I think right now, I'm not going to speculate and I'm not going to suggest what the Department of Justice is doing or not doing.

But I don't think we should just say because we don't see people in blue coats with FBI or DOJ on the back. That means that nothing's being done. I don't know what they're monitoring, what they're not monitoring. I don't know what they've got election monitors out there.

And I don't have time to think about that right now, frankly. There are plenty of people monitoring the elections as long as they're given access. Now, the good news was is that we got we got access today because of the work, apparently, of our team up in Pennsylvania with Pam Bondi and Mayor Giuliani.

Our friend Rick Grenell is right now our colleague Rick Grenell is in Nevada working with Adam Laxhall, the former attorney general from Nevada, to see you're talking about a race in Las Vegas in Nevada. Will that what you say was eight thousand seven thousand votes apart. Seventy six hundred this morning. And we're expecting new new votes any moment. So if the President of the last 40 years, it's like not moving, I mean, has not moved.

Unreal. That part of this, the postmortem on that is is I got to figure out what's going on there. Interestingly, if the President loses Georgia, what happens? People are asking that question. There is a path. It's not an easy path. But you know what? Being President's not an easy path.

Want to lay out the path? So if the President maintains his lead in Pennsylvania and wins that state but loses Georgia because of these late breaking ballots that they're counting. Then you look out west and you see Nevada with six electoral votes and you see Arizona with 11.

If the President were to win those two states, which we know Nevada is very close right now and we know Arizona is shrinking that gap every time they report new votes. Then we would get to the scenario that everyone dreams about in the political world, which is 269 to 269 electoral votes. And the House is determined not by a majority, but rather by how many delegates, how many delegations. And the Republicans control that, I think, 26 to 22. It may even be more than that now if it's the new Congress. So if it was a tie, 269 to 269, Donald Trump would be President of the United States. At this point, he has to overtake the lead in two of those states, right?

Three of those states? And hold on. Hold on and take the lead.

So I mean, you're talking about a road. Not impossible, like we said. These are all real options. Look, they're not calling it for a reason. They're not calling Nevada and they're not calling Arizona. Most networks are not calling for a reason.

Go ahead. We do have a few new votes have come out of Nevada. The vice President, Joe Biden, now leads by 11,000. So there's about a 4,000 vote swing there, but looks like they haven't reported very many new votes at all. But again, that's not a necessary vote if the President keeps Georgia and has Pennsylvania.

But these are the roads we're talking about and you can see. When are we being joined by Sean Spicer? It'll be in the back half hour in segment five. So we're going to have Sean Spicer join us for a little bit as well.

Two segments away. Should we hear from Rick Grenell? He's there.

We have a clip from earlier today. This was in Nevada. We're talking Nevada.

Here is a friend of the show, someone you've heard many times calling Rick Grenell. The reality is that transparency is not political. Ballots are not automatically legal votes until they're checked.

We are not being allowed to check. I think that's true. That's what we've been saying the whole time. This is about making sure there's transparency, making sure votes are being counted correctly. This is not about a political party.

This is not being a sore loser. This is making sure that we are staying on track and making sure that everyone who did vote legally, that it gets counted correctly. We are going to be going, again, to break. Some of you guys lose this show because we don't broadcast the full hour on every station. I want to encourage you to flip over and watch us online. You can find us on Facebook. It's at Facebook.com slash Jay Sekulow. You can find us on Twitter at Jay Sekulow, or however you get it, just find it. You'll find we are broadcasting there. Make sure you stay tuned because we have an interesting 30 minutes coming up following the one that we are finishing up right now, taking it to the top of the hour. As Will said, Sean Spicer will be joining us for a segment in just a few minutes. We'll have people on the inside. Obviously, information is breaking left and right.

We want to make sure, literally left and right, and we want to make sure that we can cover all of that for you. Again, if you're watching online, click the share button. Share it with your friends. Tell them about this broadcast.

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Now, you've probably heard that word match recently a lot. We really appreciate it. That's at ACLJ.org, ACLJ.org slash donate. We'll go directly to that donate page. Again, second half hour of Jay Sekio Live coming up after this. Special guest Sean Spicer, and we are monitoring it all very, very closely.

We'll be right back. You can make a difference in the work we do, protecting the constitutional and religious freedoms that are most important to you and your family. Give a gift today online at ACLJ.org. Live from Washington, D.C., Jay Sekulow Live. And now your host, Logan Sekulow. Hey, this is Logan Sekulow for your second half hour of Jay Sekulow Live. My dad had to step out, but guess what? I feel like he'll be back.

They admitted to Washington, D.C. If he's not back, you know there's a darn good reason. Will Haines is here, our producer sitting in studio and also co-host of the show that we do together, the Logan Sekulow Reprogram, as well as Andy O'Connell is here. And we are talking obviously all things. We are on election day part three, something that is unexpected. But you know what?

It's 2020. Everything unexpected should be expected. Anything that can go wrong will go wrong. People are taking days off from voting because we don't need, you know, they've got an administrative leave day today. Everybody gets a foot-long subway, so it just takes time. You know, it takes time to go through this. We have to pause voting.

I think the public works better. Yeah, yeah, yeah. They don't know that they have that Nevada.

You've got to pause to, you know. All right, so I was just told that Pennsylvania votes are starting to come in in big numbers. All right, we'll monitor that right now. So let's, supposedly a lot of numbers are coming in, like as we speak. So we will monitor that.

Let me go to the fan for a moment here. Senate and House. The blue wave did not really happen because the House picked up, Republicans picked up seats, it looks like. And the Senate is going to be a barely, but a hold on. How does it all look like it's shaking out?

Yeah, let me start in the House, Jay. It looks like at this point Republicans have picked up six seats in the House. There are still 35 to 40 seats that are going to be, still to be determined. But there's going to be a pickup for Republicans in the House of Representatives. And an interesting side note there, Jay, there were 14 pro-life women elected to new seats in the House of Representatives.

So that's going to bring the total of pro-life women in the House to something close to 30. In the United States Senate, the Democrats picked up two seats, one in Arizona, one in Colorado. Republicans picked up one in Alabama.

There are a handful of races that are still not determined, but Jay, we can quickly dismiss of one of them. One of those is down in Alaska where Dan Sullivan is ahead by 30 points. He's going to win that seat. Another one is in North Carolina where Thom Tillis continues to run almost two points ahead.

I think that one's going to be won by Thom Tillis. If that happens, Jay, you've got 50 Republicans elected to the Senate, 48 Democrats elected to the Senate. And what are the two races that I'm missing?

The two in Georgia. David Perdue is still just a fraction of a percentage above that 50% threshold that would make him elected outright. If he slips beneath that as the rest of those votes are counted, come January 5th there would be two special election runoff races in Andy's home state of Georgia.

Yeah, let me find out what the Ossoff-Perdue race differential number is right now, because that could be one. And there's going to be a runoff in the Loeffler race as well, Phan. Yeah, the Loeffler race was always going to go to a runoff because there were three major candidates. That is going to be between Senator Loeffler and Reverend Warnock.

That is set for January 5th right now to be determined. And the very last numbers I have in the David Perdue race actually has him at 49.99 to 47.7 with 98% of the vote in. So that's going back and forth, Jay, but if he finishes a fraction beneath that 50%, that would be a second runoff race on January 5th. It's very clear we are in an incredibly divided time.

That's the one thing we have to talk about. Regardless of how this election shakes out, you're at a time where roughly 70 million people voted for one candidate, roughly 70 million people voted for the other. Where do we go from here? How do things actually get back on track to where there can be bipartisan work and support? And it is a stressful thing to think about because I don't know if I've ever seen it quite like this where it is so divided.

It's not like tomorrow those 70 million people or 67 million people who voted for President Trump or 70 million people that voted for Vice President Biden are just going away. So we're going to talk a little about that and a little bit more coming up in the next segment where we're joined by Sean Spicer. He has a new book, Leading America. It does kind of dive into some of that and how media plays a huge role in how we move on as a society and how they can shape us and help define us and how we need to push back on some and hopefully have other resources available for those of you who need maybe something a little bit different. That's why we produce this show each and every day of the ACLJ. That's at ACLJ.org to support the work, including this broadcast, including our kids channel, Bald Beagle, which is American history.

We talked about how elections work on our latest Electoral College video and a lot more coming up in the next segment of J Secular Live. You can give us a call as well at 1-800-684-3110. And again, ACLJ.org to support the work.

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Request your free copy of Mission Life today online at ACLJ.org slash gift. Hey, welcome back to the broadcast, everyone. Hey, we're joined by a very good friend of ours, Sean Spicer. He's been on this broadcast a lot.

He's been on Logan's program as well, reprogram. Sean, thanks for being with us. It's got to be getting down to the bewitching hour, the witching hour here, the bewitching hour, I guess is what it's called. I mean, we're at the moment of truth coming pretty soon, although this is now, we're on day three of this. Who would have thought that? What's your sense right now? Well, here's what I think everyone needs to take a deep breath. And I say that because if you look at any of the regular media sites, they're trying to make it look like Biden's right on the precipice of winning this. But let's let's take a moment, take a breath and look at the math.

The math says this. If you give President Trump every state that he's leading, Pennsylvania, Georgia, North Carolina and Alaska, those four states where he is actually ahead. And then give just give it just give Nevada the six electoral votes to Biden because he's technically ahead, although it's being conducted.

That gets us a 270, 268 electoral vote count. That's how close this is. The media doesn't want you to think it's close.

That's how close it is. If we take everything on the map and give it to everyone who's leading for Biden or for Trump, that's what this comes down to. Never mind that Arizona is being contested. Never mind that Nevada is being contested.

Never mind that the Trump campaign is going to contest Michigan and Wisconsin. So I think that the media is, as they did this whole campaign, tell you that this is, you know, there's no way Trump can win. That's not the reality of what's happening. And I think that people need to start looking at the voting results and not listening to the media. Sean, you bring up media a lot.

We talked about it a lot on my show, The Reprogram on Election Day, the first election day a couple of days ago. And you brought up media influence and how really, even regardless of how this goes, if this goes for President Trump and this goes for Vice President Biden, then we have to keep some checks on the way media is presented to not only to adults, but to kids. And because we've seen, like you said, a narrative being pushed for the last four years. Look, I saw something, I was flipping around the channels this morning, trying to look at what the morning programs were, and I saw on CNN they had John Harwood, who has been a big supporter of Joe Biden, and then David Gregory, who has his own history. And they kept talking about, we just need things to get back to normal, right?

And to normal means the DC media elite gets to go to their cocktail parties and hang out at the country club again and talk about how great things are. Make no mistake about it, they are threatened by a Trump administration and by President Trump's agenda. So understand that they have an agenda too. And all of these folks that want to talk about facts first and all this stuff, they have their own personal agenda that they are definitely promoting.

Yeah, and you see it pretty aggressively. This is not necessarily all about reporting votes at this point, Dad. This is not about just giving us straight facts and figures, this is about making sure that their point of view is spun regardless. And I'm talking about regardless of how the election turns out, whether it's barely won by either side. It's not just, no one's going, we're in a country that is so incredibly split that no one's going away quietly. No, I think that's right.

So, Sean, let me ask you this. The lawyer, I look at the numbers, I look at the states, I look at the path. Pennsylvania, right now the President's in the lead. So, it's about 115,000 votes. Numbers are starting to come in pretty quick now in Pennsylvania though. If Pennsylvania, if the President does not succeed in Pennsylvania, that makes it really tough. What do you think?

Yes, 100% Jay. I mean look, Pennsylvania's the big prize. It's 20 electoral votes. The President's currently leading by just under 200,000 votes there.

Here's what I will tell you though. The world in which you and all of the stuff that you guys do legally is so crucial right now. And that's why I think, look, I had two guys on my show yesterday who did Bush v. Gore down in Florida. I think the President needs a senior legal person of your stature in each one of these states that's walking through the law because it's a two-front war.

It's the legal front and the PR front. And trust me, as soon as they can find a way in the media to say that Joe Biden can get to 270, they're going to call it. So, for two days now they've been saying, no one should be calling this race, you know, blah, blah, blah, except when Biden's ahead. The media will suddenly be calling it when Biden is ahead.

Trump shouldn't call it, Biden shouldn't call it, except for when the media gets to think. So the legal avenue, the other thing I would say is this, why it's so important what you guys do is it's one thing to call and say, oh my God, there's fraud and there's this. We need senior prominent attorneys like you going out there and explaining the legal case because just saying that there's fraud is sort of like walking, watching a homeless guy walk down the street and say he's got $10,000 of cash, he must have stolen it. Well, that's not a legal case, that is a hypothesis, right? And so what we need are people who can explain the law, explain why the law is not being followed and what needs to be done. Because I think right now you've got a bunch of people popping off about their personal view of what they're seeing or not seeing.

Those are not, as you know, legal arguments and we need to be clear about what the law is, why it's not being followed and what the remedy is. Well, I want to say this. A lot of my colleagues, you saw Pam Bondi, who of course you know, and Rudy Giuliani were in Pennsylvania. Our colleague Rick Grenell is in Nevada. I filed yesterday a petition for intervention at the Supreme Court of the United States on cases arising out of Pennsylvania. So a very good friend of ours, a good law firm, Julian Fortuna, lawyer, my office mate, we were working the same office at the Treasury Department for the IRS as lawyers many, many years ago.

His firm, Taylor English, is handling what's going on if there's any issues in Georgia. So there are lawyers deployed throughout. But you're right. This is a PR battle. It's a legal battle. It's a political battle. And I think you're also right, Sean. I think as soon as they can call it in Pennsylvania, they're going to do it.

Go ahead, Logan. Last night CNN, we were watching, flipping through all their channels. Obviously you have a weird discrepancy right now still with Fox never pulling back Arizona. And I think they're just doing that at this point hedging their bets to say, look, we got it right. At the last minute they can change. They have no accountability, so it doesn't matter on that. When it comes to CNN though, they kept pushing the votes are coming in.

They may be determined for hours and hours and hours. We were getting towards 1130 midnight Eastern, 1 a.m. Eastern. And eventually I realized I'm going to bed because what they were trying to do clearly, Sean, was to call this thing and have the big moment where they got to do the turnaround graphic that, you know, Joe Biden will be the President-elect. That moment was coming. You know that the graphics guy had it ready, but those votes didn't come in. Not their fault there. The votes didn't come in. But they were also hoping for that big moment.

They had all the big hosts ready to go. They are. And the funny thing is on Newsmax, we did not make a call in Arizona for a reason. There are enough votes out there that we are not confident in calling that at this point. And the thing is, is that I think you're right. The CNN narrative has been, you know, we could know more, we could know more.

They are trying to set the narrative that once Biden hits 270, it's over. I will give it to Newsmax though. Didn't call Florida when no one else would.

So you know what? We did. We appreciate that. You were on with us. We appreciate that. Sean, thanks for being with us. Appreciate it as always. You have a book, Leading America. Leading America. It's in stores now. Regardless of how this election goes, regardless, you should check it out.

Sean's a good guy and always fun to chat with. I want to go back to Georgia because it's now being reported pretty widely that David Perdue is in fact under the threshold. That's correct. This is from the New York Times. This means that there will be, I'll get Dan to explain it, but this means it could be a runoff.

For that. There's no Presidential runoff. This is for David Perdue who is facing against Jon Ossoff. And he is now, for the runoff to not happen, for an outright win, David Perdue would need to be at 50.0% of the vote. So he has to have the majority. And he's about 141 votes shy of that 50.0 threshold. So it looks like there will be a double runoff in Georgia on January 5th.

So two months from today. How does that play into the Senate then, Dan, as far as how things lay out? Yeah, when you talk about balance of power, unless there's some shocking surprise in North Carolina or Alaska, I don't expect there to be. That would mean you'd go into these special runoffs with 50 Republicans in the United States Senate and 48 Democrats.

So, two hypotheticals here, Jay. If Donald Trump is the President of the United States, the balance of power in the United States Senate will not hang in the balance because Mike Pence, as Vice President and President of the Senate, would have the tie-breaking vote. If Joe Biden has been elected, then that special election, those runoffs in Georgia, would determine the balance of power in the United States Senate because if Democrats could pull up victories in both of those races, if Jon Ossoff and Raphael Warnock were to win both of those races, it would make it a 50-50 Senate and Vice President Kamala Harris would have the tie-breaking vote in the United States Senate.

So all of that distilled, Jay. Republicans will have the majority in the United States Senate heading into January 5th, but if Democrats get everything to fall their way between now and then, Vice President Biden is elected and they win both of these races in Georgia, it would make a 50-50 split and they could get unified control of the government. Some of the pollsters that were very positive, that thought the President was going to win in Georgia, are revising their data based on what's coming in.

But what do you have, Will? So we're seeing that the President leads still by 14,000 votes in Georgia. How many are left to count? WSB this morning was saying that there was only about 25,000 ballots left to be counted. This morning.

This morning, so a few hours ago. So it's close. We obviously don't know the total number of ballots left because it has been estimated. What percentage is reporting right now? They have it at like 98%. Because of the mail-in voting, no one knows exactly what that percentage is. That's why those percentages have been weird because 85% they could be like, well, we're out of ballots, wait till tomorrow for the mail to come in. I mean, that's how it's been right now because we don't know how many sent out, but they don't know how many have come back. I guess we're going to find out soon enough.

A unique time in a razor thin election. All right. So when we take in your calls, we come back in the next segment at 800-684-3110. Don't forget, support the work of the American Center for Law and Justice, ACLJ.org. If you're watching on Facebook and Twitter and wherever else you might be watching us, sign on to our newsletters, get that information, ACLJ.org. Only when a society can agree that the most vulnerable and voiceless deserve to be protected.

Is there any hope for that culture to survive? And that's exactly what you are saying when you stand with the American Center for Law and Justice to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

It's called Mission Life. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases. How we're fighting for the rights of pro-life activists. The ramifications of Roe v. Wade 40 years later.

Play on parenthood's role in the abortion industry. And what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life.

Request your free copy of Mission Life today online at ACLJ.org slash gift. At the American Center for Law and Justice, we're engaged in critical issues at home and abroad. Whether it's defending religious freedom. Protecting those who are persecuted for their faith.

Uncovering corruption in the Washington bureaucracy. And fighting to protect life in the courts and in Congress. The ACLJ would not be able to do any of this without your support.

For that, we are grateful. Now there's an opportunity for you to help in a unique way. For a limited time, you can participate in the ACLJ's Matching Challenge. For every dollar you donate, it will be matched. A $10 gift becomes $20.

A $50 gift becomes $100. This is a critical time for the ACLJ. The work we do simply would not occur without your generous support. Take part in our Matching Challenge today. You can make a difference in the work we do. Protecting the constitutional and religious freedoms that are most important to you and your family. Give a gift today online at ACLJ.org.

We're on the air. 115,000? The latest number in Pennsylvania is 115,071. For the President.

For the President. So that is, he has 3.2 million votes to Joe Biden's 3.1 million votes. So the question then is how many votes are outstanding and we really don't know.

That's correct. And Allegheny County is not going to count until tomorrow. Because they had to take a holiday during the Presidential election.

I mean this is, you know Logan you said this during the break, this is like absurd. Nevada not producing numbers yesterday. I don't, even if the numbers are 100% correct, there is trouble afoot. People are, there are nefarious things happening. There's irregularities happening. How could you say there's not at this point with all of this chaos, with the slow voting, with the taking pauses. With all of these things happening you at least have to look back and go, there's stuff happening here.

Regardless of how the election is determined and whether it's determined for President Trump or Vice President Biden. There are things afoot. We have to be at least vigilant in what's happening. And that's why you're there, that's why other people are out there speaking on behalf of, they honestly should be speaking on behalf of both parties.

You're speaking on behalf of the Constitution actually. Like Greg Cornell said in that comment he made in Las Vegas, this is not a bipartisan, or this is a bipartisan thing. This is not a partisan situation. You should be able to have the poll watchers, people in there making sure. Actually watch the polls.

Right, be able to actually check to make sure that there is accountability. So let's take some phone calls and move on with our day. Let's go to Frank in Florida, you're on the air. Hey Frank. Hi guys, thanks for taking my call. Sure.

Listen, I've been monitoring this thing from day one. My question is this, if Nevada swings for Biden and he has 264 already. Despite the percentages of all the other states that haven't been counted, does he still become President? Well if he takes Nevada, that does not put him up there unless he, well, according to Fox News it would because they've already called Arizona. But he would still have to get either Arizona or Pennsylvania, right Will? Correct, or if Georgia were to flip as well. But Joe Biden doesn't win the election with just Nevada being called for him. So he's got to have Nevada and a flip.

And then the flip is, that's going to be interesting to see what is the determinative one here. Well let me say this to Frank, if that happens today the networks are going to call it and they're going to be wrong Jay. This is not President elect Joe Biden until Nevada, well basically until all the states that we're talking about have been called. But he needs Nevada and Arizona to hold in order to win without the states that the President is currently ahead in. So but be prepared Frank, if that happens here in the next few minutes, even if Arizona hasn't been determined, the networks will call it.

Just be prepared for it. I do, I think we have to be, look, as soon as the President gets, if it gets down to even in Pennsylvania, or a little ahead for Trump, for Vice President Biden, I guarantee you they call it. I guarantee you they call it. They're not going to be waiting for the ballots that haven't come in yet. They will call it. Unless they see it's, you know, I mean actually the most hesitant has been surprisingly on calling this stuff has been CNN. Let's take another call.

Yep, they have been. Let's go to Linda in North Carolina. Linda, thanks for following me on the air.

Hey, thank you for taking my call. My question is, I've been voting since I was 18 years old. And it's always been a fair and balanced election. And I, I love that right to be an American voter. And I'm a staunch Republican. However, this year has been very, very troubling for me.

And I'm 66 years old. I don't have a whole lot more elections to go. Is there any way that we as Americans... You've got plenty of elections to go because I'm only two years behind you. You've got to think like we're going to be doing this for at least 10 more. Is there any way that we as Americans could file some kind of class action lawsuit?

Yeah, no, you can't do that. But Andy, I know Linda's frustration because we all did vote in the, you know, much, we're all about the same age. And it seems like it's gotten more... I'm just talking about the process, like Logan said. It's just unbelievably complex. With all the technology, we still can't get ballots and people are taking the day off. This is why the mail-in problem was such an issue and why we knew it was going to be an issue. And people said it was going to be a problem.

From the word go. You will never know if this was a full and fair election in one sense, Andy. That's what I'm saying. The 67 million people who voted for President Trump or whatever it is at now, if it goes to Joe Biden, will never feel confident in these election results.

And that is a really odd time. And I hate to say that, but Logan is right. No matter what the outcome is, the way that the irregularities have happened in every single jurisdiction, the Sharpie issue, the questions that have been raised in all jurisdictions about poll watching are going to undermine the confidence that we have in this election. And it's going to be whoever wins is going to have that shadowing in.

It will always be with an asterisk. Dan, what do you think? This is why the stopping of the vote counting on election night bothered me so much, Jay, because it just undermines the confidence.

And here's why. All of us have done campaigns before. On election night, both campaigns have election observers there in place, so the transparency is much easier to accomplish on election night. So no matter what happens, to Logan's point, if the counting happens after election night, it's much harder to ensure that.

And, Jay, I would say this as well. Florida counted 11 million ballots, 11 million ballots, and they reported a result about two hours after the polls closed. And we know they had a rough election in 2000, but they have learned their lesson. And I would tell this to the other states that are still counting. You know, Nevada, 1.5 million votes still counting.

Follow Florida's example and catch up with the times. With a small population of three. Well, and just to your point, though, as well, when you flood the system with mail-in ballots and you think about the amount of votes, this was a record amount of ballots cast. You think back even to historical elections that were very contested. You think of the Kennedy election, there was only about 70,000 votes total.

They woke Jack Kennedy up at about 3 o'clock in the morning and said, you're the President of the United States. But we're looking at double the amount of votes being cast from them. Yeah, but we've got technology.

Actually, I didn't do the mail-in voting. Is it done in a way that is being read digitally or is this all being read manually? It depends on the jurisdiction.

It looks like they're holding them to the light and being like, okay, I think this one's okay. I mean, the process seems pretty intense. We've got to have a system. First of all, the country deserved to have an answer the first night. It would have been 4 o'clock in the morning. And if it took three or four days, because it takes three or four days to do it fair and right, I'm fine with that, too.

But don't tell me you're taking the day off. Bush v. Gore was 20 years ago at this point. Think about all the technological changes that happened in the last 20 years. You're all on phones right now. Guess what none of us had? Smartphones. Didn't exist.

There was no smartphone in 2007. So you've got to be thinking about how aggressively technology has moved and the fact that this was the solution was this fraught with chaos and fraught with potential for fraud is just to the point where you have to look and take a deep breath because you've got something there. My friend Ted Groves, a lawyer who gets us great information all the time, he's a very good lawyer, said the problem is we didn't know, and this is true, how many ballots remain uncounted on election night, especially in the blue states. Yeah, all the percentages are fake. So the percentages don't mean anything.

That's the reality. All right, folks, that's going to do it for the coverage today. If something does break, we will let you know. We may come in on Facebook. We will certainly post something if things are called.

Oh, yeah, if there's things that are called. I'm sure you'll hear from us. So stay tuned.

I guess that's the best thing to say. Support the work of the ACLJ. You can do that at ACLJ.org.

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